TERMS AND CONDITIONS
1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to Australian residents. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Promotion commences on 14/03/2017 and closes at 11:59pm AEDT on 19/03/2017 (“Promotional Period”).
5. To be eligible to enter, individuals must take an original photograph at the Virgin Pier (i.e. a Virgin Australia activation located at the Virgin Australia Melbourne Fashion Festival) during the Promotional Period (“Photograph”).
6. Then, to enter, individuals must upload their Photograph to their own Instagram account, tag @VirginAustralia and include the hashtag #VAMFF during the Promotional Period. Only entries that contain both the hashtag and the @VirginAustralia tag will be eligible. Entrant’s Instagram account must be public and must not be set to private to be eligible. Uploaded files must be submitted in accordance with Instagram’s requirements.
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Multiple entries permitted, subject to the following: (a) each entry must be substantially unique; and (b) each entry must be submitted separately and in accordance with entry requirements.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11. The judging will take place on 24/03/2017. The judges may select additional reserve entries, which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. This is a game of skill and chance plays no part in determining the winner. Each entry will be individually judged based on creative merit of the Photograph submitted.
14. The most captivating and creative entry, as determined by the judges, will win two (2) x return Premium Economy airfares with Virgin Australia to Los Angeles, California, USA (departing from Melbourne, VIC only) valued at up to AU$8,000 depending on date of departure.
15. The winner will be notified through an Instagram direct message by 19/04/2017. To receive their prize, the winner must respond to the direct message with their first name, last name, mailing address, email address and contact number by the time stipulated by the Promoter. The prize will be awarded in the form of a gift voucher code. In order to redeem the prize, the winner must enter the gift voucher code online when booking flights (or provide the gift voucher code when booking over the phone with Virgin Australia’s Guest Contact Centre).
16. The Promoter may also post the winning Photograph to their social media channels.
17. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.
18. Prize expires on 19/04/2018 and is subject to booking and flight availability. The expiry date cannot be extended and the outbound flight must depart prior to the expiry date. The winner and their companion must depart from and return to Melbourne, Victoria and travel together. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
19. The winner and his/her companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Velocity Frequent flyer points will not form part of the prize. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the winner (and their companion).
20. The winner (and their companion) are responsible for all other expenses incurred in relation to redeeming the prize including accommodation costs, spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
21. The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination or as part of the prize.
22. If for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
23. Total prize pool value is up to AU$8,000. Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, or used for travel on another airline.
24. Entrants agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) they will obtain full prior consent from any person who has jointly created or has any rights in the Content to the uses contemplated by these Terms and Conditions, and the Content does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
25. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
26. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
27. Travel on Virgin Australia flights is subject to Virgin Australia’s Conditions of Carriage, which are available at http://www.virginaustralia.com/au/en/about-us/legal-policies/conditions-of-carriage/ and are subject to change. Bookings are subject to the Fare Rules applicable to your fare and are available here: http://www.virginaustralia.com/au/en/plan/fare-types/.
28. Prizes may not be sold or offered for sale (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original recipient or any subsequent bearer. If the prize is sold or used in breach of this condition, the prize may be withdrawn.
29. The Promoter is not liable for any tax implications arising from Prize winnings. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
30. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
31. Any cost associated with accessing Instagram is the entrant’s responsibility and is dependent on the Internet service provider used.
32. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
33. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
35. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Instagram Rules, which can be found at http://instagram.com/about/legal/terms. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury, which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
36. The Promoter is Virgin Australia Airlines Pty Ltd (ABN ABN 36 090 670 965) of 56 Edmondstone Road, Bowen Hills, Queensland 4006 (“Promoter”).